The Delhi High Court has expressed strong disapproval of the Central government's practice of repeatedly challenging the rulings of the Armed Forces Tribunal (AFT) that grant pension benefits to soldiers. The court has advised the government to "graciously" accept the tribunal's decisions in appropriate cases, rather than engaging in unnecessary and prolonged litigation.

A division bench of the Delhi High Court, comprising Justice C Hari Shankar and Justice Om Prakash Shukla, made these observations while dismissing a petition filed by the central government. The petition challenged a decision by the AFT's principal bench in Delhi, which had granted a special family pension to the widow of Major Sanjeev Chadha, who was found dead 25 years ago. The AFT had determined that Major Chadha's death was due to a brain hemorrhage caused by hypertension.

The High Court upheld the AFT's finding that Major Chadha did not have hypertension when he joined the Army. The court noted that the post-mortem report indicated that the cause of death was "ICH due to hypertension," and no other cause was identified as having caused the hypertension other than military service. The Centre had argued that the widow was not entitled to a special family pension because Major Chadha's death was neither attributable to nor aggravated by his military service.

The High Court emphasized that not every perceived dispute should be transformed into an adversarial battle in the courts. The court's criticism reflects a concern that the government's frequent appeals against AFT rulings place an unnecessary burden on the judicial system and prolong the wait for deserving soldiers and their families to receive their entitled benefits.

In a similar vein, the Delhi High Court in 2022, addressed the right of armed forces members to approach High Courts to challenge AFT decisions regarding pay, pension, promotion, and discipline. The court ruled that the High Courts' jurisdiction under Articles 226 and 227 of the Constitution could not be bypassed merely by providing for a direct appeal to the Supreme Court. It acknowledged that appealing to the Supreme Court could be expensive and difficult for armed forces members posted across India. The Supreme Court has also reinstated the High Courts' authority over the AFT, overturning a previous ruling that had restricted it.

The repeated appeals by the government, even in cases involving minor benefits, clog the courts and delay justice. The High Court's recent directive serves as a reminder to the Centre to adopt a more judicious approach when dealing with AFT rulings, balancing its right to appeal with the need to ensure timely justice and reduce the burden on the legal system.